The Native American Church uses the drug peyote as part of their religious ceremony. Two
state employees in Oregon, Alfred Smith and Galen Black, who practiced this religion, were
fired from their jobs for this drug use. They were then denied unemployment compensation
because they were fired for “misconduct.” The state of Oregon bans the use of peyote in all
circumstances. About half of the states and the Federal government do permit the use of peyote
in certain religious situations. Smith and Black sued in federal court, claiming that the ban on
peyote in religious circumstances violated their First Amendment right to freedom of religious
expression.
The U.S. Supreme Court sided with the state of Oregon in deciding this case. The court noted
that the religious use of peyote was not being singled out for the ban, but rather than the use of
peyote was banned in all circumstances. If Oregon had permitted peyote use in all situations,
except religious ceremonies, that would have been a violation of religious expression.
What will be an ideal response?
1. Should the use of a banned substance such as peyote be permitted as an expression of
a religious belief, so long as it does not harm other people? Develop arguments in favor
of this position using philosophical reasoning. Then develop arguments against this
position.
2. The dissenters in this Supreme Court case said that the Native American Church had
taken appropriate steps to protect human health and safety and that the practice of using
peyote during religious ceremonies did not endanger the public. Is that sufficient to
justify permitting this expression of religious belief? Develop philosophical arguments
that would support this dissenting opinion.
3. Should drug use ever be permitted as part of a religious belief? If you believe it should
be permitted as part of the free exercise of religion, how would you determine when it
should be permitted and when it should be banned?
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